Rosbar Co. v. Board of Appeals

Suozzi, J.,

concurs in the reversal of the judgment and the annulment of the determination but otherwise dissents and votes to grant the petition, with the following memorandum: I disagree with the majority’s determination to remit this matter to the board of appeals for a new hearing on the issue of change of a prior nonconforming use. There were only two changes made in the subject premises, one in 1967 when it was changed from an apartment hotel to a hotel, and in 1969 when it was changed from a hotel to a private-proprietary home for adults (PPHA). In my view, the latter change was not a…